Sexual Assault and Relationship Violence Student Resources

What should I do if I have been sexually assaulted, harassed, or stalked?

What should I do if someone I know has been sexually assaulted, harassed, or stalked?

Members of our Community Colleges of Spokane (CCS) community, guests, and visitors have the right to be free from all forms of sexual and gender-based discrimination, examples of which can include acts of sexual violence, sexual harassment, domestic violence, dating violence, and stalking. All members of the CCS community are expected to conduct themselves in a manner that does not infringe upon the rights of others. CCS takes gender-based violence seriously. When an allegation of misconduct is made, and a responding party is found to have violated this policy, appropriate sanctions will be used to remedy and prevent such behavior. This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated.

What is Sexual Misconduct?

Sexual Misconduct is any non-consensual behavior of a sexual nature that is committed by force, intimidation, or is otherwise unwelcome and that is sufficiently severe, persistent, or pervasive so as to limit a student’s ability to participate in or benefit from a CCS program or activity. This includes domestic violence, dating violence, stalking, nonconsensual sexual intercourse and nonconsensual sexual contact.

What Are Your Rights?

You have the right at CCS to be free from gender-based discrimination.

You have the right to file a complaint according to CCS’s Sexual Misconduct Procedure.

You have the right to request a criminal investigation with law enforcement.

You have the right to receive support and reasonable protective measures to help you continue to learn at CCS.

You have the right to understand that CCS is required to undertake a prompt and thorough investigation of all reports of sexual misconduct.

You have the right to request and obtain a No Contact Order and to receive information about Harassment Prevention and Abuse Prevention Orders.

You have the right not to be discouraged in your use of resources, processes, or support and to report to the Title IX Coordinator if your rights have been violated.

You have the right to be free from retaliation for exercising your rights.

You have the right to access on- and off-campus support and health services.

You have these rights regardless of your race, color, ethnicity, national origin, age, sex, sexual orientation, gender identity or expression, physical or mental disability, religion, or any other protected class.

The Law

Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, otherwise known as the Clery Act, is a federal law that requires institutions of higher education to provide current and prospective students and employees, the public, and the Department of Education with crime statistics and information about campus crime prevention programs and policies. Among other crimes, the Clery Act requires that colleges and universities report forcible sex offenses, including sexual assault and rape. The Clery Act was most recently amended by the Violence Against Women Reauthorization Act of 2013.

Title IX

Title IX of the Education Amendments of 1972 is a federal law that protects people from discrimination based on sex in education programs or activities that receive federal financial assistance. Title IX states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” Title IX’s sex discrimination prohibition protects against sexual harassment and sexual violence and extends to claims of discrimination based on gender identity or nonconformity with stereotypical notions of masculinity or femininity. Other examples of the types of discrimination that are covered under Title IX include: the failure to provide equal opportunity in athletics; discrimination in a school’s science, technology, engineering, and math (STEM) courses and programs; and discrimination based on pregnancy or parental status.

The U.S. Department of Education’s Office for Civil Rights (OCR) is a primary authority for investigating alleged violations of Title IX in educational institutions because the Department of Education (ED) gives financial assistance to all public postsecondary schools and any private colleges and universities that accept students who pay, in part, with federal financial aid directly distributed to the students. Other agencies, such as the U.S. Department of Justice (DOJ), that give federal grants or assistance to an educational institution, share authority for addressing alleged violations of Title IX in educational institutions. If a school that receives the ED’s federal funds is found to have violated Title IX and does not come into compliance voluntarily, OCR may initiate proceedings to withdraw federal funding granted by ED or refer the case to DOJ for litigation.

VAWA

The Violence Against Women Reauthorization Act of 2013 amended the Violence Against Women Act and the Clery Act to provide new requirements for institutions of higher education to prevent and respond to sexual violence, domestic violence, dating violence, and stalking. Some of these requirements include: providing primary prevention education and awareness programs for all incoming students and employees; collecting statistics on domestic violence, dating violence, and stalking in addition to current requirements to collect sexual assault statistics; issuing complainants a written notice of their rights; and adopting grievance policies that are prompt, fair, and impartial as well as administered by trained officials. These updates are sometimes referred to as Campus Sexual Violence Elimination Act or Campus SaVE Act.

Your Rights as a Member of our Community

Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits sex discrimination in educational programs and activities receiving federal funding, including colleges and universities.

This law applies to all students – women, girls, men, and boys; straight, lesbian, gay, bisexual, transgender, and gender-nonconforming; part-time and full-time students; students with and without disabilities; and students of different races and national origins – all have the right to pursue an education free from sex discrimination, including sexual violence and harassment.

The U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division enforce Title IX in our nation’s schools. Sex-based discrimination in public schools also implicates legal rights under Title IV of the Civil Rights Act, which is enforced by the U.S. Department of Justice.

Assistance for Victims: Rights and Options
In Washington State, a survivor of domestic violence, dating violence, sexual assault or stalking has these rights: (RCW 7.69.030)

To be provided with the information of a local crime victim/witness program

To be informed of the final disposition of the case

To be provided with accurate court dates, if subpoenaed

To be provided with protection from harm and/or threats

To be given information on fees to which they are entitled

To be given a secure waiting area during court proceedings

To have any/all stolen or other personal property returned to them quickly when no longer needed as evidence

To be provided with services to ensure their employer cooperates to minimize loss of pay/benefits resulting from court appearances

To access immediate medical assistance and not be detained for long by police before accessing these services

To receive reasonable leave from employment

To have any support person of the survivor’s choosing present at any judicial proceedings to provide emotional support to the crime victim

To be physically present in court during trial

To be informed by the prosecuting attorney at the date, time, and place of the trial and of the sentencing hearing

To submit a victim impact statement or report to the court

To present a statement personally or by representation at the sentencing hearing for felony conviction

To enter an order of restitution by the court in all felony cases

Our Responsibility

Community Colleges of Spokane (CCS) has a responsibility to respond promptly and effectively to reports of sexual violence.

When CCS knows (or reasonably should know) about possible sexual violence, it must quickly investigate to determine what occurred and then take appropriate steps to resolve the situation.

A criminal investigation into allegations of sexual violence does not relieve CCS of its duty under Title IX to resolve reports promptly and effectively.

CCS must ensure that the person who experienced the sexual violence is safe, even while an investigation is ongoing.

Risk reduction tips can often take a victim-blaming tone, even unintentionally. We have no intention of blaming victims, and we recognize that only those who commit sexual violence are responsible for those actions, but we do think these suggestions may help you to reduce your risk of experiencing a non-consensual sexual act. Suggestions to avoid committing a non-consensual sexual act are outlined below:

If you have limits, make them known as early as possible.

Tell a sexual aggressor “NO” clearly and firmly.

Try to remove yourself from the physical presence of a sexual aggressor.

Find someone nearby and ask for help.

Take affirmative responsibility for your alcohol intake/drug use and acknowledge that alcohol/drugs lower your sexual inhibitions and may make you vulnerable to someone who views a drunk or high person as a sexual opportunity.

Take care of your friends and ask that they take care of you. A real friend will challenge you if you are about to make a mistake. Respect them when they do.

If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner. These suggestions may help you to reduce your risk for being accused of sexual misconduct:

Clearly communicate your intentions to your sexual partner and give them a chance to clearly relate their intentions to you.

Understand and respect personal boundaries.

DON’T MAKE ASSUMPTIONS about consent, about someone’s sexual availability, about whether they are attracted to you, about how far you can go or about whether they are physically and/or mentally able to consent. If there are any questions or ambiguity, then you DO NOT have consent.

Mixed messages from your partner are a clear indication that you should stop, defuse any sexual tension and communicate better. You may be misreading them. They may not have figured out how far they want to go with you yet. You must respect the timeline for sexual behaviors with which they are comfortable.

Don’t take advantage of someone’s drunkenness or drugged state, even if they did it to themselves.

Realize that your potential partner could be intimidated by you or fearful. You may have a power advantage simply because of your gender or size. Don’t abuse that power.

Understand that consent to some form of sexual behavior does not automatically imply consent to any other forms of sexual behavior.

Silence and passivity cannot be interpreted as an indication of consent. Read your potential partner carefully, paying attention to verbal and non-verbal communication and body language.

Ways to get out of an uncomfortable or scary situation:

Remember that being in this situation is not your fault. You did not do anything wrong; it is the person who is making you uncomfortable that is to blame.

Be true to yourself. Don’t feel obligated to do anything you don’t want to do. “I don’t want to” is always a good enough reason. Do what feels right to you and what you are comfortable with.

Have a code word with your friends or family so that if you don’t feel comfortable, you can call them and communicate your discomfort without the person you are with knowing. Your friends or family can then come to get you or make up an excuse for you to leave.

Lie. If you don’t want to hurt the person’s feelings, it is better to lie and make up a reason to leave than to stay and be uncomfortable, scared, or worse. Some excuses you could use are: needing to take care of a friend or family member, not feeling well, having somewhere else you need to be, etc.

Try to think of an escape route. How would you try to get out of the room? Where are the doors? Windows? Are there people around who might be able to help you? Is there an emergency phone nearby?

Consent

Consent means the affirmative, unambiguous, and voluntary agreement to engage in a specific sexual activity during a sexual encounter. Consent cannot be given by an individual who is:

asleep or mentally or physically incapacitated, either through the effect of drugs, alcohol, or for any other reason; or

under the lawful age to provide legal consent; or

under duress, threat, coercion or force.

Intoxication is not a defense against allegations that an individual has engaged in nonconsensual conduct.

Dating Violence

Dating Violence is a type of domestic violence, except the act is committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

Domestic Violence

Domestic Violence means:

physical harm, bodily injury, assault, or the infliction of fear of imminent body harm, bodily injury or assault, between family or household members;

sexual assault of one family or household member by another; or

stalking of one family or household member by another family or household member.

Pursuant to Chapter 10.99 RCW, it also includes, but is not limited to the following crimes when committed by one family or household member against another: assault; drive-by shooting; reckless endangerment; coercion; burglary; criminal trespass, malicious mischief; kidnapping; unlawful imprisonment; and violation of a restraining order, no-contact order or protection order.

Sexual Assault

Sexual Assault includes any form of actual or attempted sexual activity perpetrated upon a person without that person's consent, including sexual behavior coerced through physical or verbal threats, force or other forms of manipulation and sexual behavior when one person cannot give consent due to incapacitation.

Sexual Harassment

Sexual Harassment is a prohibited form of discrimination that includes unwelcome, gender-based, verbal, nonverbal, written, electronic, and/or physical conduct. Sexual harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s gender.

Stalking

Stalking includes matters in which an individual intentionally and repeatedly harasses or repeatedly follows another person; the person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person; or the stalker knows or reasonably should know that the person is frightened, intimidated, or harassed, even if the stalker lacks such an intent.

Initial report and preliminary inquiry: All initial reports of sexual misconduct involving a student should be made to the SCC Title IX Coordinator or SFCC Title IX Coordinator. Reports of sexual misconduct involving a CCS employee should be made to the CCS Title IX Coordinator. The initial report should be filed within 60 days of the alleged offense. A preliminary inquiry will then be conducted by the Title IX Coordinator to determine whether an investigation is warranted. If so, the investigation is conducted by a trained investigator. It is possible even at this early stage of the process for interim measures to be put in place, such as no-contact orders or interim suspensions. The Title IX Coordinator can provide the reporting party with resources, options and support; discuss confidentiality; explain their rights during the investigative and disciplinary process; and assist them with filing a police report if they so choose (WAC 132Q-10-306). CCS is prepared to work with survivors to coordinate interim measures to avoid contact with violators including, but not limited to adjusting work, academic and extracurricular activities schedules, leaves of absence, special parking arrangements and/or escorts. CCS also complies with Washington law in recognizing orders of protection, no contact, or restraint.

Investigation: Investigations into all alleged violations of the standards of conduct for students are conducted by trained investigators. The investigator’s job is to produce investigative findings and determine the alleged facts. Investigations are to be done in a timely manner as defined by Administrative Procedure 3.30.01. If it is determined that a violation has occurred, then an interim sanction may be imposed by the Student Conduct Officer. The respondent retains rights of due process and attendant responsibilities as detailed in WAC 132Q-10-315, 318, 320. If the offense is such that a suspension of greater than 10 class days or expulsion from the college may be deemed warranted, the matter is remanded to the Student Conduct Administrative Panel for hearing (WAC 132Q-10-332)

Student Conduct Administrative Panel Hearing: The administrative panel will hear testimony from both complainant and respondent alike and witnesses, and though no cross-examination or other adversarial process is allowed, each party to the hearing may bring a representative of their choosing. Rulings are determined according to a preponderance of evidence standard; i.e., whether it is more likely than not that the alleged violation occurred. At the conclusion of the hearing, if it is determined that a violation has occurred, the panel will determine the sanction to be imposed and inform both the complainant and respondent of the sanction. The Student Conduct Officer notifies the parties, and advisors who have appeared, in writing, in person, by mail or electronic mail of the panel’s decision. Written notice is sent within ten (10) calendar days from the hearing date. If the college is not in session, this period may be reasonably extended (WAC 132Q-10-333).

Appeals: In cases involving sexual misconduct both the complainant and respondent have rights of appeal. Appeals are to be filed in writing with the Chief Student Services Officer within 20 calendar days of the issuance of a sanction notification and are limited to appeals regarding the correct following of process, severity of the sanction, or new evidence not available at the time sanction was determined by the Student Conduct Officer or Student Conduct Administrative Panel. Appeals will be considered by the Appeals Board and decision rendered within 20 calendar days of the receipt of the appeal. The ruling of the Appeals Board shall be the final ruling of the college (WAC 132Q-10-335). (insert hyperlink as soon as WAC approved and posted)

Drugs, marijuana, and alcohol: CCS’s primary concern is student safety, and the use of alcohol or drugs never makes the survivor at fault for sexual violence. CCS Policies regarding drugs, controlled substances, marijuana, and alcohol are defined in WAC 132Q-10-228 and 230 as follows:

Legend Drugs, Narcotic Drugs, Controlled Substances: Being observably under the influence of any legend drug, narcotic drug or controlled substance, as defined in chapters 69.41 and 69.50 RCW, or otherwise using, possessing, delivering, manufacturing, or seeking any such drug or substance, except in accordance with a lawful prescription for that student by a licensed health care professional or as otherwise expressly permitted by federal, state, or local law, is prohibited. Use, possession and distribution of drug paraphernalia for the drugs and substances identified in this section are prohibited.

Marijuana: While state law permits the recreational use of marijuana, federal law prohibits such use on college premises or in connection with college activities. Being observably under the influence of marijuana or the psychoactive compounds found in marijuana, or otherwise using, possessing, selling or delivering any product containing marijuana or the psychoactive compounds found in marijuana and intended for human consumption, regardless of form, is prohibited.

Alcohol: Being under the influence of any alcoholic beverage or otherwise using, possessing, manufacturing, selling, distributing any alcoholic beverages, or public intoxication (except as expressly permitted by law and college rules) are prohibited. Alcoholic beverages may not, in any circumstance, be used by, possessed by, sold, or distributed to any person under twenty-one years of age.

If you have questions about any of these policies or procedures, please contact the appropriate Title IX Coordinator:

Here are some of the most commonly asked questions regarding the college’s sexual misconduct policy and procedures.

Does information about a complaint remain private?

The privacy of all parties to a complaint of sexual misconduct must be respected, except insofar as it interferes with the college’s obligation to fully investigate allegations of sexual misconduct. Where privacy is not strictly kept, it will still be tightly controlled on a need-to-know basis. Dissemination of information and/or written materials to persons not involved in the complaint procedure is not permitted. Violations of the privacy of the complainant or the accused individual may lead to conduct action by the college.

In all complaints of sexual misconduct, all parties will be informed of the outcome. In some instances, the administration also may choose to make a brief public announcement of the nature of the violation and the action taken, without using the name or identifiable information of the alleged victim. Certain college administrators are informed of the outcome within the bounds of student privacy (e.g., the President of the college, Dean of Student Support Services, Director of Campus Safety). If there is a report of an act of alleged sexual misconduct to a conduct officer of the college and there is evidence that a felony has occurred, campus safety and local police will be notified. This does not mean charges will be automatically filed or that a complainant must speak with the police, but the institution is legally required to notify law enforcement authorities. The institution also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.

Will the accused individual know my identity?

Yes, if you file a formal complaint. Sexual misconduct is a serious offense and the accused individual has the right to know the identity of the complainant/alleged victim. If there is a hearing, the college does provide options for questioning without confrontation, including closed-circuit testimony, Skype, using a room divider or using separate hearing rooms.

Do I have to name the perpetrator?

Yes, if you want formal disciplinary action to be taken against the alleged perpetrator. No, if you choose to respond informally and do not file a formal complaint (but you should consult the complete confidentiality policy above to better understand the college’s legal obligations depending on what information you share with different college officials). Complainants should be aware that not identifying the perpetrator may limit the institution’s ability to respond comprehensively.

What do I do if I am accused of sexual misconduct?

DO NOT contact the complainant. You may immediately want to contact someone who can act as your advisor; anyone may serve as your advisor. You may also contact the Student Conduct Office, which can explain the college’s procedures for addressing sexual misconduct complaints. You may also want to talk to a confidential counselor at the counseling center or seek other community assistance. See below regarding legal representation.

Will I (as a complainant) have to pay for counseling/or medical care?

Not for those services the college provides already. If a complainant is accessing community and non-institutional services, payment for these will be subject to state/local laws, insurance requirements, etc.

What should I do about preserving evidence of a sexual assault?

Police are in the best position to secure evidence of a crime. Physical evidence of a criminal sexual assault must be collected from the alleged victim’s person within 120 hours, though evidence can often be obtained from towels, sheets, clothes, etc. for much longer periods of time. If you believe you have been a victim of a criminal sexual assault, you should go to the Hospital Emergency Room before washing yourself or your clothing. The Sexual Assault Nurse Examiner (a specially trained nurse) at the hospital is usually on call 24 hours a day, 7 days a week (call the Emergency Room if you first want to speak to the nurse; ER will refer you). If a victim goes to the hospital, local police will be called, but s/he is not obligated to talk to the police or to pursue prosecution. Having the evidence collected in this manner will help to keep all options available, but will not obligate a potential complainant to any course of action. Collecting evidence can assist the authorities in pursuing criminal charges, should the complainant decide later to exercise it.

Will a complainant be sanctioned when reporting a sexual misconduct policy violation if he/she has illegally used drugs or alcohol?

No. The severity of the infraction will determine the nature of the college’s response, but whenever possible the college will respond educationally rather than punitively to the illegal use of drugs and/or alcohol. The seriousness of sexual misconduct is a major concern and the college does not want any of the circumstances (e.g., drug or alcohol use) to inhibit the reporting of sexual misconduct.

Will the use of drugs or alcohol affect the outcome of a sexual misconduct conduct complaint?

The use of alcohol and/or drugs by either party will not diminish the accused individual’s responsibility. On the other hand, alcohol and/or drug use is likely to affect the complainant’s memory and, therefore, may affect the outcome of the complaint. A person bringing a complaint of sexual misconduct must either remember the alleged incident or have sufficient circumstantial evidence, physical evidence and/or witnesses to prove his/her complaint. If the complainant does not remember the circumstances of the alleged incident, it may not be possible to impose sanctions on the accused without further corroborating information. Use of alcohol and/or other drugs will never excuse a violation by an accused individual.

Will either party’s prior use of drugs and/or alcohol be a factor when reporting sexual misconduct?

Not unless there is a compelling reason to believe that prior use or abuse is relevant to the present complaint.

What should I do if I am uncertain about what happened?

If you believe that you have experienced sexual misconduct, but are unsure of whether it was a violation of the sexual misconduct policy, you should contact the Student Conduct office.